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Case Name | Pellegrino v. J. Metcalf Construction | |
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Date | 09/12/2011 | |
Note | The Privette/Toland doctrine barred an injured audio/video worker from suing the general contractor on a residential remodeling project. | |
Citation | A128893 | |
WCC Citation | WCC 37992011 CA |
JOSEPH PELLEGRINO et al. , Plaintiff and Appellant, v. J. METCALF CONSTRUCTION, INC. , Defendant and Respondent. Plaintiff Joseph Pellegrino appeals a judgment entered after the trial court granted summary judgment to defendant J. Metcalf Construction, Inc. (Metcalf). Metcalf knew that Eclipse would be performing work at the Ganzes' house at the same time Metcalf would be performing its work. Metcalf did not provide equipment, wire, or tools to Pellegrino or any other Eclipse employee, and did not direct Eclipse or Pellegrino to run audio/video wire through the attic space. Pellegrino also submitted portions of the deposition of another Metcalf employee, Gregory Wieder, who later acted as superintendent of the project.
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